- (1.) IN this writ application the petitioner has prayed for quashing the office order dated 27.3.2001 issued by respondent No. 3, Secretary, Department of Agriculture, Co -operative and Sugarcane Development, Govt. of Jharkhand, Ranchi whereby the petitioner has been directed to go back to the State of Bihar as there is no post of Joint Director, Agriculture -cum -Controller, weight and Measures in the State of Jharkhand.
(2.) THE petitioner who is a permanent resident of the district of Gumla within the State of Jharkhand, was serving as Joint Director, Agriculture -cum -Controller, Weights and Measures, Agriculture Deptt. Patna in the erstwhile State of Bihar. The Central Government, in purported exercise of powers under Section 72(1) of the Bihar Re -Organisation Act, 2000, issued a list of officers of various departments including Agriculture department and directed them to discharge their duties in such capacity in the State of Jharkhand and they shall continue to workas such in the State of Jharkhand after 15th November, 2000. Purusant to that order of the Central Government the Agriculture Department, Government of Bihar issued an order dated 10.11.2000 under the signature of Director, Agriculture Department, directing that the petitioner should be relieved from Patna for the purpose of joining Jharkhand State by 14.11.2000. The petitioner was, accordingly, relieved and he assumed charge in the State of Jharkhand on 14.11.2000 as Joint Director, Agriculture -cum -Controller, Weights and Measures. However, suddenly respondent No. 3. Director, Agriculture issued the impugned order dated 27.3.2001 whereby while terming the petitioner's joining directly as Joint Director, Agriculture Department as improper, directed for the return of the services of the petitioner to the Government of Bihar. The petitioner has challenged the impugned order as being illegal and wholly without jurisdiction. A counter affidavit has been filed by the respondents stating, inter alia, that the petitioner was not posted against the post of Joint Director -cum -Controller Weights and Measures, Government of Jharkhand, Ranchi. Hence the order dated 10.11.2000 issued by the Government of Bihar is neither procedurally admitted nor legally enforced by the Department of Agriculture. Government of Jharkhand. It is stated that the petitioner was working as Joint Director -cum -Controller, Weights and Measures, Government of Bihar which was the only post in the State of Bihar and the same has been retained by the State of Bihar. However, since the behaviour of the petitioner is deplorable and unbecoming of an officer, the department of Agriculture, Government of Jharkhand decided to return the service of the petitioner to the State of Bihar.
(3.) AFTER hearing the counsel for the parties the only question which falls for consideration is as to whether the impugned order issued by the Director, department of Agriculture. Government of Jharkhand transferring the services of the petitioner to the State of Bihar is without jurisdiction.;